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Lease Agreement with Strang Adams, P.A. LEASE AGREEMENT ao~U- z~ y~o~ " ;~ ~ THIS LEASE AGREEMENT,-made this 9~' -day of June, 2010, by and between the . kCITY OF'MIAMF BEACH, a Florida-rriunicipal corporation, (hereinafter referred to as. "City" °or "Landlord"), and STRANG ADAMS, P.A., a Florida corporation, (hereinafter referred to ~`as "Tenant"). 1: Demised Premises. t ` The City, in consideration of the rentals'hereinafterresewed to be paid and of the - ! covenants,. conditions and agreements to be kept and performed by the Tenant, hereby leases, lets and demises to the Tenant, and Tenant hereby leases and hires from .the City, those certain premises hereinafter referred to as the "Demised Premises"-and more fully described as follows: i Approximately 858 square feet of City-owned property (the "Building" ~~ . a.k.a. "Historic City Hall''), located at 1130 V1/ashington. Avenue, 3rd Fhoor ..East Floor, Miami' Beach, Florida, 33139, and' as ..more ~` ~ specifically delineated in "Exhibit 1 ", attached hereto and incorporated - ~ r ~ herein. ~ . ~~ ~ ~ a rv 2. Term: - X2.1 Tenan t shall be entitled to have and to hold the Demised Premises for an ' ~ initial term of three (3) years and twenty one {21) days, commencing on the ' ` -r~ ~ 1 Oth day of June., 2010 {the '`Commencement Date"), and ending on the 30tH day of June, 2013. For purposes of this Lease Agreement, and including, without limitation, Subsection 2.2 herein, a "contract year" shall be defined as ` that certain. period commencing on the 1 sc dayof July, and ending on the 30"' r . i . day of June. '2.2 ~ Provided Tenant is in good standing and free from default(s) under Section 18 hereof,. and upon written notice from Tenant, which notice shall be - submitted to the City Manager no earlier-than one hundred twenty (120) . days,. 'but in ,any case no later than sixty (60) days prior to the expiration of _ , . the initial term,. this Lease may be extended- for two (2) additional three (3) ' ~ year renewal terms. Any. extension, if approved, shall be memorialized in , E I ~ writing and'signed by the parties hereto (with the City hereby designating the x. City .Manager as the individual authorized to execute such extensions on its behalf). In the event that the City Manager determines, in his sole discretion, not to .; extend or renew this Lease Agreement (upon expiration of the initial"term or k any renewal term), the City Manager shall notify Tenant of same in writing, ~ which notice shall be provided to Tenant within fifteen (15) business days of - the City Manager's receipt of Tenant's written notice... ' f . _ . ,' i t .. . t .. - -~ ' 3. ' ~ .Rent. . Tenant's payment of Rent, as defined in this Section 3, shall commence on ~ . . ` December 1, 2010 (the "Rent Commencement Date")and, thereafter,. on each first day of subsequent months. " - .f. ,3.1 Base Rent: ~ ~ ~ ' -. ~ :. • - • ~ 1 3.1.1 Throughout the Term herein, the Base Rent for the Demised Premises shall be Nihe Thousand Four Hundred Ninety Eight Dollars and 06/100 ($9,498.06) per year, payable in monthly installments of Seven Hundred Ninety One Dollars and 50/100 ($791.50). ~~ 3.1.2. The Base Rent amount pursuant to this Section 3.4 shall be } ' increased annually, on the anniversary of the Commencement Date of ' - the Lease, in increments of three (3%) percent per year... {. ' X3'.2 ~ Additional Rent: In addition to the Base Rent, as set forth in Section.3,1, Tenant shall. also pay the following Additional Rent as .provided below; ~ 3.2.1 ~ ~ Operating Expenses: ... . Throughout the. Term herein, the. Operating Expenses for the Demised Premises shall be Nine Thousand Five Hundred Six Dollars and-64/100 ($9.,506.64) ...per year, payable,n monthly installments of r - ~ ~ Seven Hundred Ninety Two .Dollars and 22%100 ($792.22) per month, - ~... for its proportionate share of "Operating Expenses" which are defined • as follows: ' • "Operating Expenses" shall mean the following costs .and expenses incurred. in operating, repairing,. and maintaining the Common ' Facilities (as hereinafter defined) and shall include, without limitation, JJ " ~ electric service, -water service to the Building, sewer service to the I . Building, trash removal-from the Building, costs incurred for gardening and landscaping, repairing. and maintaining elevator(s), painting, - ~ .janitorial. services (except for areas within the Demised Premises), f lighting,. cleaning; striping, policing, removing. garbage and other ' ~ refuse and trash, removing ice and snow, repairing and maintaining ~ . sprinkler systems, water pipes, air-conditioning systems, temperature . - . control systems, and security systems, fire alarm repair and - . maintenance, and .other equipment in the. common areas and the ` ~ exterior and structural portions of the Building, paving and repairing, patching and maintaining. the parking areas and walkways, and - ~ : cleaning adjacent ,areas, management fees and the City's '- ~ employment expenses to employees furnishing and rendering any ,services. `to the common areas, together with an', additional i ~~ ~ " administration charge equal to fifteen percent (1.5%) of all other ` expenses included in the annual common area expenses,. provided by the City for the common or joint use and/or benefit of the occupants of the Building, their employees,. agents, servants, customers and other f .~ ' 2 r .. :.: invitees. . "Common` Facilities" shall mean all. Building. areas, spaces, tt -. - equipment, as welk as certain services; available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, ` ' ; customers,-guests and7or invitees. 3.2.2 ~ - Property Taxes: The Property Tax Payment. shall be .payable by Tenant, in accordance .. ~ with Sectioh 11 herein. The Property Tax Payment for Property Tax - ~ Year 2009 is estimated: at Zero. Dollars ($0.00).; Notwithstanding the ~- . ~ preceding sentence, the City makes no warranty or representation, whether express or implied; that the Historic City Hall building,. the . ~ Land, and/or the Demised. Premises will not be subject to ad valorem ` k (or~ other) taxes in subsequent years. .. 3.2.3 Insurance: ~. . , The Additional Rent shall also .include Tenant's pro-rata share toward estimated insurance costs incurred to insure the whole of the Building, '~ payable in monthly installments of One Hundred Sixteen Dollars and - ~ ~. 55/100 ($116.55). This. insurance coverage is in addition. to the - insurance required pursuant to Section 1 O; which shall be obtained at .Tenant's sole expense and responsibility. . ~~, 3:3 ~ Sales Taxes: Concurrent with the payment of the Base Rent. and .Additional. Rent as provide herein, Tenant shall also pay any and all sums for all applicable - ~ ~ - tax(es), including without limitation, sales and use taxes and Property Taxes, `, ~. imposed, levied or assessedagainst the Demised. Premises, or any other - charge or payment required by any governmental authority having jurisdiction there over, even though the taxing statute or ordinance may purport to - ~ ~ ~ .impose such tax against the City. 3.4 ~ Enforcement. Tenant agrees to pay the .Base Rent, Additional Rent, and any other - ~ amounts as `may be due and payable by Tenant underthis Agreement, at the ` ~ time and in the' manner. provided herein, and should said rents and/or other additional amounts due herein provided,. at any-time remain due and unpaid . for a period of fifteen (15) days after the same shall become due, the City ~, rmay exercise anyor alf options available to it hereunder, which .options may ` be exercised ;concurrently or separately, or the City may pursue any other . remedies enforced by law. . ~ . ; . ~_ . ~ . ; 4. Location for. Payments. Qll rents or other payments, due hereunder shall be paid to the City atthe following . address: a .F . 3 , City of Miami Beach Revenue .Manager 1700 Convention Center Drive, 3~d Floor . Miami Beach, Florida~33139 - _~ . " ~.. 1 or at such other address as the City may, from time to time; designate in writing. F ~. ` ; ~ i .. 'r 5. ~ Parking... a Tenant may request, from the City's Parking Department, the use of no more than j Ywo (2) parking sptaces, ifavailable, at Municipal Parking Garage G-2 located at the intersection of 12 Street arid Drexel Avenue.. Rates for said spaces are subject to change,'and'are currently Seventy Dollars ($70.00) per month, plus applicable sales - ~ and use tax per space. . i 6. Security Deposit. t ~ ~ Upon execution of this Agreement Tenant shall furnish the City with a Security _' `Qeposit,: in the amount of Three Thousand Four Hundred Dollars and 54/100 ($3,400.54). Said' .Security Deposit shall serve to secure Tenant's performance in accordance with the provisions of this Agreement. In "the event Tenant fails to ~ , perform in accordance with. said. provisions, the- City may retain .said Security ,. Deposit, as~well as pursue any and all other legal remedies provided herein; or as } '; ~ : ~ may-be.provided by applicable law. a . ~ The parties agree and acknowledge that the foregoing condition is intended to be a condition subsequent to the City's approval of this Agreement. Accordingly, in the ". ~ ~,` event~that Tenant does not satisfy the aforestated, then the City Manager or his . `_~ designee rnay. immediately, without furtherdemand or. notice, terminate this Agreement without being prejudiced as to any remedies which may be available to him for breach of .contract. 1 # ~ , 7. ~_ Use and Possession of .Demised. Premises. I -~ y , .~ 17.1 The Demised Premises shall be used by the Tenant as office space for f ~ providing legal services..Said Premises shall be ,open for operation a ~ _. minimum of five (5) days a week, with minimum hours of operation being as . .~ : i follows: .. ;, ~ `, ` ~ Monday -Friday: 9:00 AM to 5:00 PM ~ .~ . ~ ~ . Tenant.shall not otherwise. modify the days or hours of operation without the fi priorwritten approval of the City Manager. Nothing herein contained shall be j construed to authorize hours contrary to the laws governing such operations. ~ ,k ~ . 7.2 ~ ~ = It is understoodand agreed that the Demised ;Premises shall be used_by the ` ~ Tenant during the Term of. this Agreement only for the .above i purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever. Tenant wilF not make or permit .any use of the Demised Premises that, - directly or indirectly, is forbidden bylaw, ordinance orgovernment regulation,. or that .may be dangerous to life, limb or property. Tenant .may not commit _ ~ 4 f 4 . ~ ~ , ' (nor "permit) waste on the Demised Premises; nor permit the use of the Demised Premises for any illegal purposes; nor commit a nuisance on the Demised Premises. In the event that the Tenanf uses the Demised Premises ' (or otherwise allows the Demised Premises to be used) for any purpose(s). " not expressly permitted herein, or permits and/or allows any prohibited use(s) ; ~- ~ as .provided herein, then the City may declare this Agreement. in default pursuant to Section 18 or, without notice to Tenant, restrain such improper . ~ use by injunction or other legal action. t . 8. Improvements. __ , ' ~ 8.1 Tenant accepts the Demised Premises in their .present "AS IS" condition . ~ and may construct or cause to be constructed, such interior and' exterior ~.. improvements and' .maintenance to the Demised .Premises, as reasonably . - °necessary, for it to carry on its permitted use(s), as set forth in Section 7; provided,, however, that any plans for such improvements shall be first. " submitted to the City Managerfor his priorwritten"consent, which consent, if granted at all, shall. be at the~City Manager's sole and absolute discretion. Additionally, any'and all approved improvements shall be made at Tenant's , sole expense and responsibility. All permanent (fixed).improvements to the Demised Premises shall remain the property of the City upon termination and/or. expiration of this Agreement. Upon'termination and/or expiration of this Agreement, all .personal property and non-permanent trade fixtures may { be removed by the Tenant from the.Demised Premises, provided. that they " can be (and are) removed without damageto the Demised Premises. Tenant will permit - no liens to attach to the Demised Premises arising from, connected with, or related to the design , and construction of any Qimprovements: Moreover, such construction shall be accomplished through the use. of licensed, :reputable contractors who are acceptable to the City. Any and all .permits and or licenses required for the installation of improvements shall be the sole cost and responsibility of Tenant. Notwithstanding Subsection 8.1, upon termination and/or expiration of this Agreement; and at City's sole option .and discretion, any or all alterations or " additions made by Tenant to or in the Demised Premises shall, upon written demand by the City Manager,., be promptly .removed by Tenant, at its expense and responsibility, and Tenant further hereby agrees, in such event, to restore the Demised Premises totheir original condition prior to the , Commencement Date of this Agreement. The above requirements for submission of plans and the use of specific ` contractors shall not apply to improvements (which `term, for purposes of this Subsection 8.3 only; shall. also include improvements as necessary- for Tenant's maintenance and repair of the Demised Premises) which do not exceed .Five Hundred- ($500.00) Dollars, provided that the .work is not structural, and provided that it is permitted by applicable law. Tenant Improvements: Tenant agrees to make certain improvements (Tenant Improvements}to the 5 Demised Premises in the minimum amount of Eight Thousand .Five Hundred . Dollars ($8,500.00),.- including, but not, limited to, those improvements -and their projected costs as delineated in "Exhibit 8.4", attached hereto and incorporated ,herein. - ; ~ 9: City's Right of Entry. :.9.1 The City Manager, and/or his authorized representatives, shall have the right, . _ ~ to enter upon the Demised Premises at all .reasonable times for the purpose . ' of inspecting same;~preventing waste; making such. repairs as the City may consider necessary; and for-the purpose of .preventing fire, .theft or .vandalism. The City agrees that, whenever reasonably possible, it shall use ' - ~ reasonable efforts to provide notice (whether written or verbal), unless. the need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion; which if not immediately addressed could cause property damage, loss of life or limb, or other injury to persons. . ~ Nothing herein shall imply any duty on the part of the City to do any work that ~' under any provisions of this Agreement the' Tenant may be required ao . perform, and the performance thereof by the City shall .not constitute a waiver of the Tenant's default. . ~ :` 9.2 1f the Tenant shalt not be personally. present to open and permit entry into- the Demised Premises at any time, for any reason, and any entry thereon shall. be necessary or permissible, thetCity Manager, and/or his authorized . ~ ~ representatives, may enter the Demised Premises by master key, or may forcibly enter the Demised :Premises .without rendering the. City or such agents liable therefore. 9.3 Tenant shall furnish the Citywith duplicate keys to all locks including exterior - ~ r and interior doors prior to (but no later than by) the Commencement Date of `~ ~ this Agreement. Tenant shalt not. change the. locks to the_Demised Premises without the prior written consent of the City.Manager, and in the event such consent is given, Tenant shall furnish the City with duplicate keys to said locks in advance of their installation. . 9.4 Tenant specifically agrees to permit landlord unobstructed and unrestricted access, as delineated in Subsection 9.1 herein, to the rooftop area above the second floor, via Tenant's southwestern most window of the Demised . Premises: 10,. Tenant's Insurance... .10.1 Tenant shall, at its sole expense and responsibility, complywith all insurance. requirements ofi the City. 1t is agreed by the parties that Tenant shall not occupy the Demised Premises until proof of the following insurance ' coverages have been reviewed and approved by the City's Risk Manager: -10.1.1 Comprehensive General liability, in the- minimum amount of One Million ($1,000,000) Dollars {subject to adjustment for .inflation) per 6 - occurrence for bodily injury and property damage. The City of Miami Beach must be named as an additional .insured on this policy. 1.0.1.2 Workers Compensation and Employers Liability coverage in accordance with Florida statutory requirements. 10.1.3 ~ All-Risk property and, casualty insurance, written, at a minimum of eighty (80%) percent of replacement cost value and with replacement cost endorsement, covering all leasehold improvements. installed in the pemised Premises, by or on .behalf of Tenant and including without limitation alf of Tenant's personal. property in the Demised " Premises (including, withouflimitation, inventory, trade fixtures, floor coverings, furniture, and other property removable by Tenant under the provisions of this Agreement). Proof ofithese coverages must be`provided by submitting original certificates of insurance to the City's Risk Manager and. Asset Manager respectively. All policies must provide thirty (30) days written notice of cancellation to both the City's Risk Manager and Asset Manager (to be submitted to the addresses set forth in Section 27 he'reof). All insurance policies -shall be issued by companies authorized to do business under the laws of the State of Florida . and must have a rating of B+:VI or better perA.M. Best's Key Rating Guide, latest edition, and certificates are subject,to the. approval of the City's Risk Manager. '~ 11. ~ Property Taxes and.Assessments. For the purposes of this Section and other provisions of this Agreement: 11.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments, and special.. assessments of any, kind which may be imposed upon the . Demised. Premises, and (ii) any expenses incurred by the:City in obtaining a reduction of any such taxes or assessments.: The term "Property Tax Year" shalt mean the period of twelve (12) calendar months, beginni'ng~ on January 1St of each year. _ Tenant shall ,pay, as Additional Rent pursuant to Section 3.2, for such Property Tax Year an amount ("Property Tax Payment") equal to Tenant's pro-rata share of Property Taxes (if any) for such Property Tax Year; said pro-rata share. to be determined by the City based upon the ratio of the Demised Premises to the. tax lot. If a Property Tax Year ends after the expiration or termination of the term of this Agreement, the Property Tax Payment therefore shall be prorated to correspond to that portion of such Property Tax Year occurring within the term of this Agreement. The Property.,, - Tax Payment`shall be payable by Tenant immediately upon receipt of notice from the City. A copy of the tax bill(s) or other evidence of such taxes issued e by the taxing. authorities, together with the City's computation of the Property Tax Payment, will be made availableto Tenant once received from the taxing authorities, if requested by Tenant. Tenant shall pay any difference in the 7 .amount between. the estimated property taxes and the actual property taxes to the City immediately, upon-receipt of request for said payment from the .City. 11.4` . Tax Stop. m - Notwithstanding the preceding Section 11.3, the City shall be responsible for ~' payment of the Property Tax Payment up to an amount not to exceed Three ' Dollars ($3.00) per square .foot .,(Tax Stop .Amount), with Tenant to be responsible for anything in excess of that amount.. Tenant shall promptly ` ~ reimburse the City for its portion of the Property Tax Payment (if any) upon receipt of the City's invoice for same. 12. Assignment and Subletting. ` Tenant shall not have the right to assign. or sublet the Demised Premises, in whole or in part, without the prior written consent of the.City Manager,. which consent,. if ~` ~ granted at all shall be at the City Manager's sole and absolute discretion. Such. written consent is not a matter of .right and the City is not obligated to give. such . consent. If granted as provided herein, the making of anyassignment orsublease will not release Tenant from any of its obligations underthis Agreement. i 4 9 1~3: Operation, Maintenance and Repair.. ~. ~ ; .,13.1 Tenant shall. be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and r . responsigility, maintain the Demised Premises, and all fixtures and appurtenances therein, 'and shall: make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls`and the interior and exterior of all windows ~. and doors,. as well as .immediate replacement of any and all plate glass or other glass in fhe Demised Premises which may become broken,.. using glass . ~ , of the same or better quality.. ;, i ~ The City shall be responsible foc the maintenance of the roof; the exterior of ~ he Building, all heating/ventilation/air' conditioning (HVAC) equipment servicing-the Demised Premises, the. structural electrical and .plumbing. (other . ~ ~ , than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and tolet(s)fixture(s),~within the Demised Premises), the common areas and ' ~ the chilled water supply systern:'The City shall maintain.and/or repair those items that. it is responsible- for, ,so as to .keep same in proper working .. condition. 13.2 All damage or, injury of any kind: to the Demised Premises, and including without .limitation its fixtures, glass, appurtenances, and equipment (if any), . or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of ° the City, shalt be the sole obligation of Tenant, .and shall be repaired, t..' restored or replaced promptly by Tenant, at its sole expense and, to the satisfaction of the City. . - 8 :13.3 - All of the aforesaid repairs, restorations, and replacements shall be in quahity . ~ and class equal to or .better than the original work or installations and shall be done in good and workmanlike manner... - '~ ; ~ 13:4 If.Tenant fails to make such repairs or restorations or replacements, the ; same may be made by the City,. at the expense of Tenant, and all sums spent and expenses incurred by the City shall be collectable by the City and "shall be paid by Tenant within. three (3) days after submittal. of a bill or ,. ~ statement therefore. 13.5 It shall' be Tenant's sole obligation and responsibility to insure that any ,. .renovations, repairs and/or improvements made by Tenant to the Demised`. Premises comply with. all applicable building codes and life safety codes of governmental authorities having jurisdiction. - t ~~ 13,6 I Tenant Responsibilities for Utilities (not included within Operating ExpensesZ Tenant is solely responsible for,. and shall .promptly pay when due, all ` ~ ~ ~ charges-and impact fees for any and all utilities for~the Demised Premises . ~ G ~ NOT included as an Qperating Expense {pursuant. to Subsection 3.2.1). ~' In addition to other rights and remedies hereinafter reserved to the City, upon : ~ the failure of Tenant to pay for such utility services (as contemplated in this Subsection 1'3.6) when due, the City may elect; at its sole discretion, to pay . same, whereby Tenant agrees to promptly reimburse the City upon demand. In no event, however, shall the City be liable, whether to Tenant or to third - parties, for an interruption or failure. in the,supply of any utilitiesor services to the Demised Premises. .. 13.7 TENANT - HEREBY ~ ACKNOWLEDGES AND AGREES THAT THE. ~` DEMISED PREMISESARE BEING LEASED IN THEIR PRESENT "AS IS" CONDITION. 14. _ Governmental Regulations. - Tenant covenants and agrees to fulfill'- and comply with all.. statutes, ordinances, :. rules, orders,.regulations, and requirements of any and -all governmental bodies, including ~ but not limited to .Federal, .State, Miami-Dade County; and City - ".governments, and any and all of their departments and. bureaus applicable to the -. ~ ° . Demised Premises, and shall alsocomply. with.. and fulfill all .rules, orders, and- , ., ,regulations for the prevention of fire, all at Tenant's own expense and responsibility. Tenant shall pay'all cost, expenses, claims, fines,. penalties, and damages that may be imposed because of the failure of Tenant to comply with this Section, and shall indemnify and hold. harmless the City from all .liability. arising. from each non- . ; ' ~ ~~ compliance... .15. Liens. ' Tenant will not permit any mechanics, laborers, or rnaterialman's liens to stand , ' against the' Demised. Premises or improvements for any labor or materials to Tenant ~, ., 9 . or claimed to have. been furnished to Tenant's agents, contractors, orsub-tenants, in.connection with work of any character performed or claimed to have performed ` on said Premises, or improvements by or at the direction or sufferance of the Tenant;. provided howeyer,"Tenant shall have the right to contest the validity or :. amount of any such lien or claimed lien. In the event of such contest, Tenant shall give the -City :reasonable. security as may be demanded by the City to nsure- ;payment thereof and prevent .sale, foreclosure, or forfeiture of the Premises or .. improvements by reasons of such non-payment. Such security need not exceed one and one half (1'/2) times the amount of such lien or such claim of Lien. Such security shall. be posted by Tenant within ten (10) days of written notice from. the City, or " ,~ Tenant may "bond off' the lien .according to statutory procedures. Tenant will . immediately pay any judgment rendered with all proper costs and charges and shall ' have such.. lien released or judgment satisfied at Tenant's own expense. . ~1~6: Intentionally Omitted. ~. ' 17: Condemnation. 17.1 1f at any time during the Term of this Agreement (including any renewal.term _ he"reunder) all or. any part or portion of the Demised Premises is taken, appropriated,. or condemned by reason of Eminent Domain ,proceedings, then this. Agreement shall be terminated as of the date of such. taking, and shall thereafter be completely null and void, and neither of the parties hereto shall. thereafter have any rights against the other by reason of this Agreement or. anything contained therein, except ,that any rent ,prepaid beyond the date of such taking shall be prorated to such date, and. Tenant shall' pay any--and all rents, additional .rents; utility charges, and/or other costs , for which: it is liable under the terms of this Agreement, up to the date of such taking... , 17.2. Except as hereunderprovided, Tenant shall not be entitled to participate in the proceeds of .any award made to the City in any such Eminent Domain . proceeding, excepting, however,. Tenant shall have the right to claim and - recover from the. condemning. authority, .but riot from the City, such compensation as may be separately. awarded or recoverable by Tenant in ` Tenant's-own right on account of any and all damage to Tenant's business . by reasons of the condemnation and for or on account of .any cost or loss . - which Tenant might incur in. removing Tenant's furniture and fixtures. 18. Default: . `18.1 Default by Tenant: At the City's option; any of the following shall constitute an Event of Default .. under this Agreement: ` ~ ; .' 18.1.1 The Base Rent, Additional Rent, or any other amounts as may be due ' " and payable by Tenant under this Agreement, or any installment ~ - hereof, is not paid promptly when an`d where due within fifteen (15) days of due date, and Tenant, shall not have cured such failure within . 10 five. (5) days after receipt of written notice from the City specifying such default;, 1$:1.2. The Demised Premises shall be deserted, abandoned, or vacated; 18_.1.3 Tenant shall fail to comply with any material term, provision, condition or covenant contained herein other than the payment of rent and shall . ~ not cure such failure within thirty. (30) days after the receipt of written notice from the City specifying any such default; or such longer period of time acceptable to the City, at its sole discretion; .. ~ 18.1.4. Receipt of notice of violation from any governmental authority having . jurisdiction dealing with a law, code, regulation, ordinance or the like, which .remains uncured for a period of thirty (30) days from its 'issuance, or such longer period of time as may be acceptable and approved in writing. by the City Manager, at his sole discretion; . '- 18.1..5 Any petition is filed by or against Tenant under any section or chapter of the Bankruptcy Act, as amended, which remains pending for more than sixty (60) days, or any other proceedings now. or hereafter authorized by the laws of the United States or of any state for the purpose of discharging or extending the time for payment of debts; 1.8.1.6 Tenant.shalf become insolvent; . 1'.8.1:7 Tenant shall make an assignment for benefit of creditors; 1~&.1 :8 A receiver is appointed for Tenant by any court and shall not be dissolved within thirty(30) days,thereafter; or 18.1.9 The leasehold interest is levied on .under execution. 19. Rights on Default.. - . 19.1 'Rights on Default: ~- - In the event of any default by Tenant as provided herein, Gity shalt .have the option to do any of the following, in addition to and not in limitation of, any other remedy permitted. by law or by this Agreement; 19.1.1 Terminate this Agreement, in which event Tenant shall immediately ,surrender the Demised Premises to the City, 'but if Tenant shalt fail to - do so the City may; without further notice, and without prejudice to any other remedy the City may have for possession or arrearages in _ rent or damages. for breach .of contract, enter upon the Demised Premises'and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages - . -therefore,. and Tenant agrees to indemnify and hold harmless the City - for all loss and damage which the City-may suffer by reasons of such Agreement termination, whetherthrough inabilityto re-let the Demised 11 ' Premises, or otherwise. `. ~ 19.1.2 Declare the entire 'amount of the Base Rent and Additional Rent which would become due and payable during the- remainder of the term of this Agreement to 6e d'ue and payable immediately,-in which event Tenant agrees to pay the same at once, together with alf rents therefore. due,_ at the address of the City, as provided in the Notices . section: of this Agreement; provided, however, that such payment.. shalt not constitute a penalty, forfeiture, or liquidated damage, .but ' shall merely constitute payment- in advance of the rents for the . remainder of said. term and such payment shall be considered., construed and taken. to be a debt provable in bankruptcy or receivership. 19.1.3 Enter the Demised Premises as the agent of Tenant, by force if . necessary, without being ~ liable to prosecution or any claim for • ~ damages therefore; remove Tenant's property~there from; and re-let -the Demised Premises, or portions'thereof, for such terms and upon such conditions which the. City deems, in its sole discretion, desirable, and to receive the rents therefore, and Tenant shall. pay the City any deficiency that may arise by reason of such re-letting, on demand.. at any time and from time to time at the office of the City; and for the .. .: purpose of re-letting, the City may (i) make any repairs, changes, alterations or additions in or to said Demised Premises that may, be necessary or convenient;. (ii) pay alt costs. and expenses therefore ' ~ from rents resulting from re-letting; and (iii)- Tenant shall pay the City - ~ = any deficiency as aforesaid. 19.1.4 Take possession of any personal property owned by Tenant on said 'Demised Premises and sell', the same at .public or private sale, and apply same to the payment of rent due, hoiding Tenant liable for the ~. ' deficiency, if any. :1;9.1.5 It is expressly agreed and. understood' by and between the parties - ~ :hereto that any installments of rent accruing under the provisions of • this Agreement which~shall not be paid when due shall bear interest at the. maximum legal rate of .interest .per annum then prevailing in • ~ .Florida from the date when the. same was payable 'by the terms hereof, until the same shall be paid by Tenant. Any failure on the City's behalf to enforce. this Section shall not constitute a waiver of 'this. provision with respect to future accruals of past due rent. `No interest will be charged for payments made within the grace period, . ..such grace period to be defined as within five (5) days from the due ~. date. In addition, there will be a late charge of Fifty ($50.00) Dollars. for any payments submitted after the grace period: 19.1.6 if Tenant shalt default in making any payment of monies to .any person or for any .purpose as may be :required hereunder, the City may pay such .expense but the Cityshall not be obligated to do so. 12 . Tenant,. upon the City's paying such expense,.. shall be obligated to forthwith .reimburse the City for the amount thereof. All sumsof money payable by Tenant to the City hereunder shall be deemed as' rent for use of the Demised .Premises and collectable by the City from Tenant as rent,. and shall be due from.Tenant to the City on the firstday of the month following the payment of the expense by the City. 19.2 19.1.7 The rights of the City under this Agreement shall be cumulative but not restrictive to those given tiby law and failure on the part of the City . Ito exercise promptly any rights given hereunder shall not operate to -waive or to forfeit any of .the. said.. rights. 19.3 '. ;Default byCit The failure .of the City to .perform any of the covenants, conditions and agreements of this Agreement which are to be performed by the City and the continuance of such failure for a period of thirty (30) days after, notice thereof in writing from Tenant to the City (which notice shalt specify the respects 'in which Tenant contends that the City failed to'perform any, such covenant, conditions and agreements) shall constitute a default by the. City, unless such default is one which cannot:be cured within thirty (30) days because of circumstances beyond the City's control, and the City within such thirty (30) day period shall have commenced and thereafter shall continue diligently to prosecute all actions necessaryto`cure such defaults. .However, in the event the City fails to perform within the initial thirty~(30) day period provided above, and such. failure to perform prevents Tenant. from operating_its businessin a customary mannerand causes an undue hardship for Tenant, then such failure to perform (regardless of circumstances beyond its control) as indicated above, shall constitute a default by the City. .l"enant's Rights on Default: If' an event of the City's default shall occur, Tenant, to the fullest extent perrtmifted 6y law, shall have the ,right to pursue any and all remedies available. at law. or in equity, including the right to sue for and collect damages, including reasonable attorney fees and costs, to terminate this Agreement; provided however, that Tenant expressly acknowledges and agrees that any recovery by Tenant shall be limited to the amount set forth in . Section 32 of this Agreement. 20. Indemnity Against Costs and Charass. 20.1 Tenant shall be liable to-the City for all costs and charges, expenses, reasonable attorney's fees, and damages which may be incurred. or sustained by the City, by reason of Tenant's breach of.any of the.provisions ` of this Agreement. Any sums due the City under the provisions of this item shall constitute a lien agairist the interest of the Tenant and the Demised Premises and all of Tenants property situated thereon to the same extent and on the same conditions'as delinquent rent would constitute a lien on said premises and property. 13 . . =. 20.2 _ If Tenant shall at any time tie in default hereunder, and if the City shall deem ~~ ` it necessary to engage an attorney:to enforce the City's rights arid Tenant's . ' ' . -obligations hereunde~c, Tenant will reimburse the City for the reasonable ` _expenses incurred thereby; including, but not limited to, court costs and ' reasonable attorney's, fees, whether suit be brought or not and if suit be . brought; #hen Tenant shall be liable for expenses incurred at both the trial " and appellate levels. " 21. ~ Indemnification.Against.Claims. - 21.1 Tenantshall indemnify and save the City harmless from and against any and all claims or causes of action (whether groundless or otherwise) by or on .behalf of any person, firm, or corporation,. for personal injury or property. damage occurring upon the'DemisedPremises or upon any~other land or ` ~ other facility or appurtenance used in connection with the Demised Premises, occasioned in whole or in part by ariy of the following: 21.1:1 ~ :An act or omission on the part of Tenant, or any employee, agent, contractor, invitee, guest, assignee,. sub-tenant or subcontractor of ,. Tenant; 21.1.2 Any misuse,. neglect; or unlawfuF use of the Demised Premises by Tenant, or any employee, agent, contractor,. invitee, guest, assignee, •sub-tenant or subcontractor of Tenant; ' 21.1'.3' _ Any breach, violation, or non-performance of any. undertaking of Tenantunder this Agreement; 21:.1.4 - Anything.. growing out of the use or occupancy of the Demised Premises by Tenant or anyone holding or claiming to 'hold through or ` ~- under this Agreement. 21.2 ~ . Tenant. agrees to pay all damages to the Demised Premises and/or other facilities used in connection therewith, caused by Tenant or any employee, agent, contractor, guest, orinvitee of Tenant. . ` .. 22. Signs and Advertising_ ~ - Without the;priorwritteri consent of the City Manager, which consent, if given at all, ,shall be at the City Manager's sole and absolute discretion, Tenant shall not permit ' the painting and display of any signs; plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with all applicable building nodes, and any other municipal, County, State and Federal .laws. 23: Effect of Conveyance. _ The term "Cit~'.and/or "Landlord" as used in the Agreement means only the owner - for the time being of the land and building containing the Demised Premises, so-that _~. in the event of any sale of said land and building, or in the event of a lease of said ' ~ building, the City shall be and. hereby is entirely freed and relieved of aN covenants and obligations of the City hereunder,.. and it shall be deemed and construed without 14 „further agreement between the parties, or. between the parties and the purchaser at such sale, or the lease of this building, that the purchaser or Tenant has assumed . and agreed to carryout all covenants and obligations of the City hereunder.. 24. Darnape to the Demised. Premises. 24:1 Ifthe Demised Premises shall be damaged by the elements orothercasualty . - not due to Tenant's negligence, or by fire, but are not thereby rendered . ., untenantable, as determined by the City Manager, in -his sole discretion, in whole or in part, and such damage is covered by the City's'insurance, if any, {hereinafter referred to as ,"such occurrence"), the City, shall, as soon as possible after such occurrence, utilize the insurance .proceeds to cause such damage to be repaired, and the Rent (Base Rent and Additional Rent) shall not be abated. If by reason of such occurrence, the Demised Premises. shall be rendered untenantable, as determined by the City.. Manager, in his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired., and the Rent meanwhile shall be abated proportionately as to the portion of the. Demised Premises rendered untenantable; .provided. however, that the City shall promptly obtain . _ a good faith estimate. of the time required to render the Demised Premises tenantable and if such time exceeds sixty{60) days, either.,party shall have . the option. of canceling this Agreement. 24.2 Jf the,Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall. have the option, but not the obligation, in its _ sole~discrefion, to utilize the insurance proceeds to cause such damage to be - repaired and the Rent meanwhile shall be abated:. However, the City shall have the.. right, to be exercised' by notice in writing delivered to Tenant within sixty.(60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created: shall cease as of the date of said occurrence, the Rent to be adjusted as of ,such date. If the Demised Premises shall be . rendered wholly untenantable,l'enantshalf havethe right, to be exercised by ~. ~ notice in writing; delivered to the City within thirty {30) days from and after . said occurrence, to elect to terminate this Agreement, the Rent ~to be ;adjusted accordingly. ' . ~ ~ 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not `~ . - ~ covered by the City's insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) . days'of the occurrence giving .rise to the damage and' of its decision not to - repair;. and the Tenant may, at any time thereafter, elect to terminate this Agreement,, and the Rent shall be adjusted accordingly: . 25. Quiet Enjoyment., .. Tenant shall enjoy quiet enjoyment of the Demised Premises .and shall not be .~ . ~ .evicted or disturbed in possession of the Demised'Premises so long as Tenant complies: with the terms of this Agreement . ~ 15 '' 26. ~ --Waiver. 26.1 It is mutually covenanted and agreed by and between the parties hereto that _ - ~ ~ the failure of the City to insist upon the strict performance of any of the conditions; covenants, terms or. provisions of thisAgreement, or to exercise any option herein conferred,. will .not be considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, . ~ provisions or options but the same shall continue and remain in full force and . effect: 26.2 A waiver of any term expressed herein shall not be implied. by any neglect of the City to declare a forfeiture on account of the violation of such term.. if such. . violation by continued or repeated subsequently and any express waiver .. ~ shall.. not affect any term other than the one specified in such waiver and that one only for the time and in the manner specifically stated... 26:3 The receipt of any sum paid by Tenant to the City after .breach of any - ~ . condition, covenant, term or.provision .herein contained shall not be deemed- ~a. waiver of such .breach, but shall be taken, considered and construed as payment for use and occupation, and not as Rent, unless such breach be -expressly waived in writing by the-City. ., ~~ 27. Notices. The addresses for ail.notices required underthis Agreement shall be as follows, or ' , at such other addresses either party shall be in writing, notify the other: y LANDLORD: City Manager - ' City of Miami Beach - ., ,;. 1700 Convention Center Drive ~~ ~ ~ ~ - ~ Miami Beach, Florida 33139 With copy to: Director . City of Miami Beach . Office of Real Estate, Housing & Community Development 1700 Convention Center Drive Miami'Beach, Florida 331:39 - TENANT: Strang Adams, l':A. 1130 Washington Avenue, 3~d Floor East Miami .Beach, Florida 33139 ' ' All,notices shall be hand delivered and a receipt requested., or by certified mail with Return receipt requested; and shah be effective upon receipt. . 28.. Entireand Binding Agreement. -' ~ ' This Agreement contains all of the agreements .between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in interest. The terms, covenants and ' ~ ~, conditions contained herein shall inure to the benefit of and be binding upon the City y ~ 16 and Tenant and their respective successors and assigns, except as may be otherwise expressly provided in this Agreement. 29. Provisions. Severable. - If any term or provision of this.Agreement or the application thereof to any person or ' circumstance shall; to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and -:each term and provision of this Agreement shalt be valid and be -enforced to the fullest extent permitted bylaw. 30: Captions. { The captions contained herein are for the convenience and reference only and shall. -not 6e deemed a part of this Agreement or construed as in .any manner limiting or amplifying the terms and .provisions of this Agreement to which they relate. ' 31. ~ Number and Gender. ' Whenever used herein, the singular:number shall include the plural and the plural shall include the singular, and the use of one gender shall include all genders. : ~ ~32. Limitation of Liability. The City desires to enter into this Agreement only if in so doing the City can place a - ~ limif on the City's liability for any cause of action for money damages. due to an alleged breach by the City of this Agreement, so that its liability for any such breach , -never exceeds -the .sure of Ten. Thousand ($10,000.00) Dollars. Tenant hereby expresses its willingness to enter into this Agreement with Tenant's recovery from t" - the City for any damage action for breach of contract.to be limited to a maximum amount of $10,000.00. Accordingly; and notwithstanding anyotherterm orcondition of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant ` for damage.in an amount in excess of $10,000.00 for any action or claim for breach of contract" arising out of the .performance or non-performance of any.obligations imposed upon the -City by this Agreement. Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation . placed. upon the City's liability as set forth in Florida Statutes,. Section 768.28. 33. Surrender of the Demised Premises: - Tenant-shall,. on or before the last day. of the Term herein demised, or the sooner termination. thereof, peaceably and quietly .leave,. surrender and yield upon to the City the Demised Premises, together. with. any and all equipment, fixtures, furnishings, appliances or -other personal .property, if -any; located at or on the Demised Premises and used: by Tenant in the maintenance, management or operation` .of the Demised Premises, excluding any trade fixtures or .personal property, if any, which can be removed without material injury to the Demised . ~ Premises,. free of all liens, claims and encumbrances and.rights of others or broom- clean, togetherwith all structural changes, alterations, additions, and improvements which may have been made upon the Demised Premises, in good order, condition and repair,. reasonable wear and tear excepted, subject, however, to the subsequent provisions of this Section. Any property which pursuant to the provisions u of thin Section is removable by Tenant on or at the Demised Premises upon the ` 17 termination of this Agreement and is .not so removed may, at the option. of the City, . ~ " be deemed .abandoned by Tenant, and either may be retained by the City as its property or may be removed and disposed of at the sole cost of the Tenant in such manner as the City may see fit. If the Demised Premises and personal property, if any, be-not surrendered at the end of the Term as provided in this Section,. Tenant . ~ shall make good the City all damages which the City shall suffer by reason thereof,. and shall indemnify and .hold harmless the. City against all claims made by any succeeding tenant or purchaser, so faras such delay is occasioned by the failure of "Tenant o surrender the Demised Premises as and when herein required. 34: Time is of the Essence. . Time is of the essence in eve - ry particular and particularly where the obligation to pay money is involved: 35: Venue:. This Agreement shall be deemed to ..have been made and shall be construed and interpreted.in accordance with the laws of the State of Florida. This Agreement shall be enforceable in,Miami-Dade. County, Florida; and if legal action is necessary by either party with respect to the enforcement of any and all. the terms or conditions herein, exclusive venue for• the .enforcement of same shall lie in Miami-Dade County, Florida. :. CITY AND TENANT HEREBY KNOWINGLY ANDINTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO .ANY MATTER .ARISING OUT OF OR RELATED TO THIS AGREEMENT. , .~36. Radon is,a naturally occurring .radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are .. ~ ~ ' .. ,exposed to itover time. Levels of Radon that exceed Federal and State guidelines . have been found in buildings in Florida. Additional information regarding Radon and Radon testing .maybe obtained from your County. Public Health Unit. 37. No Dangerous Materials. Tenant agrees not to use or' permit in the Demised .Premises the~storage and/or use of gasoline, -.fuel oils, diesel, illuminating oils,. oil lamps, combustible ..powered .. electricity producing generators,. turpentine., benzene, naphtha, propane, natural .. gas or other similar substances, combustible -materials, or explosives of any kind, or any substance or thing prohibited, in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Demised Premises shall be immediately removed:, Tenant shall indemnify and hold the City harmless from any loss, damage, cost,. or expense of the, City, including, without limitation,- reasonable attorney's fees, incurred 'as a result of, arising from, or connected with the placement by Tenant of any '`hazardous substance" or "petroleum products" on, .in or upon the Demised Premises-as those terms are defined by applicable Federal and Stale Statute, or 18 . •~ • : 'any enyironmerital :rules and environmental regulations promulgated thereunder. ' ~ ~ ~ The provisions of this Section 37 shall survive the termination or earlier expiration of this Agreement. IN WITNESS WHEREOF, the .parties fiereto have caused their namesto be signed ,' : ' and theirseals to be affixed, all as of the day and year first above written, indicating their agreement.. ~ ~ - ~~ ~ Attest:. `~ CITY OF MIAMI BEACH, FLORIDA ~. ~~l/~. ;, Air ~ ~. ~ :~ = '. Robert Parches, CITY CLERK Matti Herrera Bower, MAYOR Attest: ,. ~ ~ - _ WLTNESS ' (PRINT NAME) AI~ROUEV as To FORM $,L~ANGUAGE e~ ~O .EXECUTION. :--~ ~ / -' `,~ ~4to - - ~'i N ~ ~ ~ ~ t ~° ~ 3rd fl East Area: - 858 SF r ~~ ~ ~ J 3rd fl West Area - 66Q `SF '' Floor Common Area - 71'3 SF 20 .All PainlSno 5}~ecialisis ~ ~~titTlc~~~° ,~ .r . ; . X045 Sh~rid~n i~t~~nae~ ~ `: LF'.,: ;293 , r p. -. , ~,~~.a_ _. _; , ~ _~. Mai7Ti beach, FL~33:C~f4~ ~ • tTaee Estirriate.>t 4% 2T,1 ? 010 192 'tVu hereby propose to to furnish the mateci2ls rd pcr•rorm thz labc,r necessary for. the•tomplettan:oi`-your painting project All `rnawrral is ~uearanteed to 6e as specified: ~`/e guaranEee co perform your project in acmrdatice with,any specifications sut~mitced by you and to complete the}nb in a r_op ~liratlty vrorlcmanlihc manner Rein Description ._ . 'iota[. Mew O(ftu~ at i 130 4Va.=.hinQton A~icnue, }rd Flonr; ~4{iami~rie~eh; I"lorida 33139. Insfallntinn Instal 4 ;high Licht doors with privac;v or paSsa~a locks (Includes materials ai~dhardwarn_ r 1~,300:~g0` . Insr.altatiun Install approx. 434 lft of 3 1 l2" x.1 % 1' baseboard and dooreasinns (includes matF~nals) 1 195.00` installation Install appro~ 85a 5gft cf",}8x18 rectrfi~U hle lirs[aU.aUOn, mat~nals included.,P,OK(:ELAIw TlLC: 2 57~W ~f~( l,, % (~ja~~~~r • ~ ~ :: .. ~~ ~~. f Should.you accept our proposal, please rgtuin ti"us }~ogc including your signature.aixl a 50;o deposit _. ...: 55,069.00 Total. -, • Customer :,ignattilee . :P..hone'A. i=az;r L mail _._ _ r ... JO 5-790-0355,! ZSG-11p•53h3 305-h67-/%150 _ ~ ivyswanesrvgmail:cflm EXHIBIT 8.4 Tenant Improvements) (page 2 of 3) Quail - Specialists All Painting $. pecialists- 1 message Roger Zwickel <roger@rdesignstudioinc.com> ` To:jstrang@stranglaw.com: Hey Jodi, DESIGN STUDIO INC. 027'la,0:3;i9 rM Jodi Strang <jodistrang.esq@gmail.coin> Tue, Apr 27„ 2010 at 3:16 PM, 5151 Collins Ave. Suite 220 Miami Beach FL 33140 Tel (305) 868=3419 Fax (305) 868-3493 Electrical work to provide and install fluorescent lights and recessed high hats is approx $2;500.00: Final price to be deterniine. Call us if you have .any .questions. • Thank you, Giselle 2 attachments 139:92:pdf 191.pdf HI 31K 22 EXHIBIT 8.4 Tenant Improvement(s) (page 3 of 3) ;' -:, . %~k~ .:: .. ~ u ~: ~ ?_ .. <:Q. . ,. ~t; ~ .. ~i .. ~tl Paintng.Sp~cialists. 4045 Sheridan Avenue: f~29'3 ,Miami E3each!, FL~331d0' Es~~ Il~ aa'~~ Date Cstirnate~l; =1l27l,20'f0 :' i9,t 35TAlmeri avenue, Suite 101 Carat fables, Flord 33d`3.a ~Proiocf .~ 1Ve hereby ropuse iti,lu furrirsh the materials•and:perform the-tabor necessary for the eornpCeUe~n oG~your painting proJeGt Qll; mate~ial•is'guearanfeed to Ei2as specified. 1"Je guarantee,to perform your project in accordance withany specifications submitted" byayou andao complete the job" Ui a tnp quality w~rkmarilil<e mariner Item Description __ .. - __ ._.. Total. _. • _ JOb addresr. Wew•office at 111© Vlashirig[on Avenue, 3rd floor, A'~iarnti'BeachFL 33119 Palnt; .. Paint :3U wally in 3 of€ice~,1 meeting [nom; main ~ecAption area ahd small foyer l2, coats}. 2,180.00 Prep;'prime, cauik.and paint;: alDbaseboard G doors'and"trims; , Should you ac~eph, out prnpos2l," please return thirpage ipcluding!.your si;n~ture acid ... .., .... - ' a SU%deposit:, .:. - $2 180;¢0 TQ,td~~ sustainer Si~hature Qhone'tt .. F.ax1r _ _ .:._ E-rniiil` _. '.305-790-0355"! 786-210-53fi3? 305~8G7 7450: ivyswancsC~gmait tom. 23 '' ~ ~ ~ MiamiHerald corn I. THE MIAMI HERALD ` ti - -- -- ;~ :MIA - - -_ - - _ . .3~:~ _ M~I`g E _ ~,CH~~ ~. - _ ._ - _._~_ _ . _._._ ~.. r- __ CiTY OF~IVIIANII BEACH :,~ ;.~ ~ NOTICE ,OF.PUBLIC HEARING _ ~ ~ 4 NOTICEIS;HEREBY ~ idF~n~that a second readin I J ~ _, g ~u~d public h~alnig ill_he held by ~hP Clty Commission`, of the City of Miami G~:ach ~ n ~ni~ Commisslon~l,hambets 3rd ;floor CI .Hall 1700;~Convention Center_~ ~:; tY ,., . " Dnve Miami Beach Runlia on .Wednesday, "June 9th;~2010 of"-10.15 A:M to consider A 8esolution Approvmg,On Second Rending ALease Agreement Between the ~'ity /gnu F,ubin &~Bickrnan'PLLC For« ~` U ~CfApproximately1518~~aunre~FEetOfCityOwned',Properry~;Located~At1130Washmgtori;Avenue' ;r E dih Flrior'Mlam"'Beach, Floriiia Said Lease'Having An~!nt~al TPrm`i~r Th%ePYP„ ~ P,~`~~T ,~n~%"one Days ` `-7 'l'Viif: Two~A.lditional Three Ye~u Rrnc~.val Terr'ns;'AtThi Cit; s Sole Disrretion.< ,, "~I ~qwn ~ ~i;; ", ~ directed to~the L`n" n~(_heal F,inte H ~~.cinq nn 1 onr~,unity L~PVC ~F sent ,t ii ~ ri; 3 7260 ~~` INTERESTED PARTIES are invited to~appear at thi ;neetinu or. be replesenied h~,~-on a~aent o~r in rk~"I~ ~,~, ;~ ~~ ~- ~-~hur ~i~~~•d in wnfihg addressed to`the ~"t can minion < < the ~ifi; "lark 1,DO.C ~n ~wi[!oh Len~er~? lltruP 1 ;fFluol Cdy Hall .Miami Beach; Flonda+>>15g: Thee meetiiiq niay be rnnunued 3nd~uiider sucf~~? i~ eilcuni~i2inre~ ~dditumal Icgal nohro v.ould not Le provided r _ - ~ ~, } Re;rert E Parnc~ r City (,Irrk ~~ " City of Miami t3earh =? ~Pursuanttn Scrtion 2,6 p10d Ala Stat the City heretiyad4~ s-the pubiicthat~if a~persoh de~ide~.tc;', a~ appealany decision madeby ttie CityCommission:with rESpecf to any ni,attel considered ai~itsmeelmg-~. "; ~ocits hearing uchperson:musCensure that a'"verbatim record of_atio proceedings is made vdliich n~rord,'_ InCU~e.S [h" tOJtlm~n and PVlden~?'Upon Whlrh~tf~a annoa i, to A't"~ ~ ' + .~ , :.'~ Y ,,r - I s _ b, n ~ d Tdi~ not+ce~uoes not con t"i~~,e . ._. consent by the City for theiiitroductioi~ or admission of dtYienvise inadmissible or urelevant evidernx nnr: d"~esrt airthorizechallenges or ~ip,~ als not othen~dise allo~.ed Uy la';'r ::, - . ';To rcguest this niatenal ~in :accessible format;. ~Ign language irate prelers,ilnrunT~ation on as ess for. ~ ~~ ~pr,r ons with disabilities,~~andor~any-accommodihon.to ~P~~ewe~ry docum~nt:orpartc'ipate I^ any,~=: clt} sponsored pmcFeding;~~planne~contn ' i,Ci5i E,U4 2989:{vnicel (305)._673 7 i ,iTT'r _fi~ie di~~ in„'; ad.~ance to irnti,itdynur request. TT`f_ us~er~ nisy al ~ call 711~iFlorlda R Jay Service:- - Ad #603 - _ ,. , . >~ N . :~::. ~ :MIAM`IB~ACH ~. CITY O~ NilANil BEACH . y A NOTICE~'OF PUBLIC HEARING, ~ _.. ' t_ :.NOTICE IS HEREBY ui; an that ~ e~ one r" ding "nii publi^ hP ir~iig nip b• Ja~,ld by the: ~ it ~ ;misswr of the ~,ii;~~uf f~lia~hii 6eacn ~,in thF L;ommi~sionC'~nnlbers ord-floor, Clty Hall, 1700-Gun Nnt!on_Centel Dn~ c (vilahu 6edcii>rionda. un Wednesday, June 9~",~2010 at-1,0 20 A:M to, r~n<~,ider 4.Resolution ;~ Ai r~l~~nng_On'Secontl ReK3~iina 1 F~ rise 4~ireem" rat Between Tha.~"ty~Qnd.=~tr~~n ~,;ii~n 'A,~For Use.' . (lf Appiorini 3tel, 37` Srlurtre'Fr~et Uf Cit, r1~^med Property,'Located At 11 ~(i VJa,hiiujton Air nee 3rd Fhc,r'~` t E~i ,t G9iaiiii be ic~h Flonda S~uo Lease_Hawng An lnitial.Term Ut ThrPr~YPars'An~i Tweht ("ne bays`.With ~F~,. a 4ddltional Three r~.u Penewal Terms AtThe._fity s Solt Di~ 6retion ~ ~~ Inguil ~c ma~, ?"e direeled to tlic U~firr~ 01 fiP i Fstate;' H~ a mg and ("m?munil G~.velophi~n"ai (305) 673 726"~. K ~~ INTERESTED PARTIES ~r~ in~:~ii~:11 '~iopPa~ at Ibis meetinc n" ,~;~repr ., rted ~ Ir agent or toexpress~. tfieir vii . ; in litiiirl addrr, ,sF~i~iu the " it~~ Commisslon; c%o the l it l I rh 1 , pn C'onvention' Cen4f~l ~ Dnue 1,,t ~Icor i;h~JHall hliam E~~.ich Hnnda_33139 Ttii ~n~t?etinq n~~, he"I n1~r~~zd~and un°d~~ "irf~;; ~ ci~cumstani N~ zddilum,il Ir lal n ~h~ e~;~~oulc iiot'be provided - - ~~ ,~ ;t - :~ .~z _, Rob~~lt E ~'ai cher C!ty Clerk ,~ ~~tr_ ~ 111ami.Beach ~~ ~~~, ,~ ~~S M y I'w xi~mt to 5~ ~ ti~ui_7$6 0105; ~~a ,,tut. the Clty i~e~eh; n~d~~sF: the ! ubUc that If a person decides to `:.~ ~appual ~"ny dcr,i~~iun made by the City-Commission with respect Ir, ar ~IatteEconsid_ erect at~its.meetin ~`; . or t "iearmg such person must ensu~e~that a yenbatim~record of the rr xeedings is made which record ~ ili~hi IF s tti~g testimony and evidence upon.whichahe appe,al'is to,be:ba~c~ This notice does not constitute ~ `s~ con rat byathe City, for the introduction or admission of otherwise inadmissible or;irrelevant evdence .nor. dor,, it Zall~i~~n r challenges.or: ippe,ii,; rant otherv,i,., allo~~;cd h, 4~:d ~~ g ~ To "~ auF ~,t,tiii5 n at~n~al rn acces ihle format sign language,interpreters Information on access for~persons~ :4~ith Ali ~,lhilihE ind,'ol ~iny.ac~n~nmodatlon to~reJiew anv'document~or gnrncipate in~an` t~~~p~` ~ ed~ v ri c nncnr ~proce~ding p~,,i,e contacf(30-,~ t~04°'2989.(ioice .,0516?3.Z~1SiTTYi fiedays:in'advance to_initiate;~ '~ yair rr guest TTr user m ", alse 11 71'.'"fFirnida Rr~li~ Servi~ei r Ad #6114 r s ., ' ~ - - .. s